The Makurdi Division of the Court of Appeal has dismissed the Notice of Appeal by Timbee Anyam and nine others, granting a retired Deputy Superintendant of Police (DSP) Emmanuel Shima Agia (retd), right to his parcel of land at Apir, a suburb of Makurdi, the Benue State capital.
This follows the ruling on the Motion on Notice filed by the retired police officer’s lawyers, praying the appellate court for an order dismissing the appellant’s appeal on account of failure to file their brief of argument within the time allowed.
Anyam, Terhemba Aniwe, Uzungwe Kegh, Tooyongo Tyough, Ageebee Kegh, Terfa Kegh, Aondowase Kegh, Tavershima Kegh, Gbaden Anyam, Sesugh Igbazenda (appellants) entered the appeal, having been dissatisfied with the decisions of the lower courts, to wit: Upper Area Court, the Benue State High Court, sitting at Makurdi, coram: Honourable Justice Maurice Ikpambese (Presiding Judge, as he then was) and Honourable Justice Polycarp Kwahar (Judge), granting the title to DSP Agia (retd).
The appeal marked as CA/MK/234/2021 was filed on 26th March 2020, with the records served on the parties on 21st December 2021 and transmitted to the appellate court on the same day, the Motion on Notice obtained by TNT indicates. The motion was brought under Order 19 Rule Two and Order 19 Rule 10 of the Court of Appeal Rules 2021, which deals with the time allowed to file a brief of argument and the right of respondents/applicants to apply for dismissal of the appeal.
Bem Hanaze, Esq, who appeared on behalf of R.N Uhaa, Esq, for DSP Agia (retd), also prayed the court that the appeal is only being used as a stooge by the appellant to deprive the judgment creditor of the fruits of his labour and should be struck out.
Honourable Justice Biobele Abraham Georgewill, Presiding Judge, struck out the appeal.
According to the decision, since the appellants failed to file their brief within the allowed time, the appeal is deemed to have been abandoned or dumped on the court. No order was made as to cost.
Hanaze, Esq, commended the court for the decision. The appellants were not in court.
